Con Law Flashcards
When are delegations of legislative power to the executive branch upheld?
Virtually always as long as there is some guidelines to guide the delegation (very minimal)
Regulation of Foreign Commerce
Lies exclusively with Congress and they may delegate to the president
When does a state violate the prohibition against impairing the obligation of contract?
When it substantially impairs any contracts to which it is a party and the impairment does not meet a recognized exception
Can Congress members challenge a law authorizing the President to exercise a line item veto?
The Supreme Court says no because the injury isn’t concrete and personal
Due Process: Property interest in continuation of a government benefit
Person will be deemed to have a property interest if they have a legitimate claim or entitlement to the benefit
What scrutiny is used for laws relating to the self-governing process?
Rational basis; Ex. a state law that makes aliens ineligible for public employment in positions that directly affect the self-governing process
When may a state reserve a government position for citizens?
If related to self-governance, involves policy-making, or requires exercise of important discretionary power over citizens; Ex. a public school teacher at a primary or secondary school
Privileges and Immunities Clause
Only applies when a state denies its citizens of rights of national citizenship; The state only needs to show a substantial justification
Does not extend into the area of commerce and only applies to fundamental rights or essential activities
Free Exercise Clause
Only prohibits the government from punishing conduct because it’s religious; There’s no strict scrutiny requirement
One Person, One Vote
Congressional Districts – almost exact mathematical equality between districts is required
Local/State Districts: The variance can be greater if reasonable and tailored to promote a legitimate state interest
Clean Water Act
Congress has held that standing should be given to the full constitutional extent allowed – not just economic injury
What must be done if a Civil Service law confers a right to be free from termination except upon due cause?
The employee cannot be fired without a pre-termination notice and hearing b/c there’s a property right
It is the employee’s responsibility for proving the legal right through statute or contract
Standing for an Expenditure
Standing may be found if the expenditure violates an express constitutional provision regardless of whether there’s a nexus between the taxpayer and the expenditure
Can Congress regulate rental terms for residential property?
Yes, under the commerce clause because such rentals constitute economic activity that, in the aggregate, has a substantial effect on interstate commerce
Class-of-One Theory of equal protection
Not applicable in the public employment context
What is required to impose criminal sanctions for obscenity?
Only if a determination of obscenity was made in a criminal trial comprising all the procedural safeguards of the criminal process – any system of prior restraint of publication without a prompt and full due process judicial determination is prohibited
Congress and Executive Agencies
The necessary and proper clause authorizes Congress to require that executive agencies report their decisions to Congress if such a requirement reasonably implements a statutory program
Congress may overturn an action of the agency only be enacting a statute (no legislative veto)
Bill of Attainer
A legislative act that inflicts punishment on names individuals or easily identifiable members of groups
When can a state impose taxes on the income from a contract between a private party and the US?
When the taxes are nondiscriminatory and it is on economic activity within the state
Do state courts have SMJ to hear federal law matters?
Yes; Such jurisdiction is straightforward and may only be curtailed if there is a prohibition in the statute or a disabling incompatibility between the federal claim and state court adjudication
Can a state force a newspaper to provide space for an opposing party to reply to the newspaper’s criticism?
No, it’s a violation of the right to free press
What is required for Congress to alter a decision of a federal agency?
Majority vote of both houses and the president
Does the Senate have authority over disputes between states?
No, that is only within the jurisdiction of the Supreme Court
State Constitutions v. US Constitution
States may grant broader rights than those in the US Constitution
Can Congress govern the jurisdiction of the Supreme Court?
No as to the original jurisdiction
Yes as to appellate jurisdiction by expanding or limiting the jurisdiction
Can state law control construction of a federal building within its borders?
No, state law may not require anything that federal law does not require in the construction
Is nudity considered obscenity?
Nudity alone is not sufficient to be obscenity
Can a state law require children to attend public school?
No it’s a violation of the parents’ right to control upbringing so such a law must meet strict scrutiny
Does Congress have power to control bankruptcy laws?
Yes, Congress has power to provide uniform laws of bankruptcy
When can federal declaratory relief be awarded?
When there is no state action pending and the plaintiff shows a genuine threat of enforcement of a disputed state criminal statute (must be an actual controversy; not imagined or speculative; must show threat of imminent arrest)
Who has authority to represent the US in foreign matters?
Only the President, but Congress can enact legislation in support of existing treaties
Can Congress compel the Attorney General to act?
No because efforts to compel prosecution infringe on the essential independence of the administration
Is a parade speech?
Yes, it is a form of speech and can’t be regulated by the government by compelling inclusion of a certain message
Dormant Commerce Clause: Discrimination and Exxon
If the discriminatory impact is felt in a market different than the one being regulated, not discriminatory
Does the government have control over displays on government buildings?
Yes, it constitutes government speech and the government may pic and choose among messages it wishes to convey, absent some other constitutional prescription
Can Congress create standing in a statute?
No, Congress can create new rights but not confer standing
Can a person be found liable for unconstitutional activity under an overbroad statute?
No, if the statute is overbroad, no one can be held liable
Can a state put a residency requirement on the right to welfare or health benefits?
A state’s interest in fiscal integrity is not sufficient to justify a one-year waiting period for welfare or health benefits
